Ritu Rakesh Modh, Nagpur V. Pr.CIT -3, Nagpur

ITA 120/NAG/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 2558 (ITAT-NAGPUR)
• Duration Of Justice: 2 year(s) 5 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-10-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 10-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Revision of order
• Section: 143(3); 201; 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH , NAG PUR BEFORE SHRI SANDEEP GOSAIN, JM & SHRI O.P. KANT , AM ITA N O. 120 / NAG / 201 9 ASSESSMENT YEAR: 2014 - 15 RITU RAKESH MODH, VASANT KUNJ, OLD BHANDARA ROAD, HANSAPURI, NAGPUR. VS. PR. C.I.T. - III , NAGPUR P A N NO.: ACVPM 7227 N APPELLANT RESPONDENT ASSESSEE B Y: SHRI MUKESH AGARWAL (A DV. ) REVENUE BY : SHRI PRADEEP HED A OO ( CIT - DR ) DATE OF HEARING : 2 7 /10 /2021 DATE OF PRONOUNCEMENT : 27 / 10 /20 2 1 ORDER PER: SANDEEP GOSAIN, J.M. THIS APPEAL HAS BEEN FILE D BY THE ASSESSEE AGAINST THE ORDER OF THE LD. PR. CIT - 3 , N AGPUR DATED 12/03/2019 PASSED U/S 263 OF THE INCOME TAX ACT, 1961 FOR THE A.Y. 2014 - 15 . 2. THE LD. AR APPEARING ON BEHALF OF THE ASSESSSE HAS FURNISHED AN APPLICATION ON BEHALF OF THE ASSESSEE FOR WITHDRAWAL OF THIS APPEAL . THE CONTENTION MADE IN THE SAID APPLICATION READS AS UNDER: WITH REFERENCE TO ABOVE APPEAL REFERENCE NUMBER, THE CASE IS FIXED FOR HEARING FOR 27 TH OCTOBER, 2921 BEFORE YOUR HONORS. THE ASSESSMENT ORDER WAS PASSED BY THE LD. AO U/S 143(3) R.W.S. 263 OF THE INCOME TAX ACT, 1961. THE ASSESSEE HAD OPTED TO SETTLE THE DISPUTE UNDER THE VIVAD SE VISHWAS SCHEME. THE ASSESSEE HAD FILED FORM NO. 1 & 2 AGAINST WHICH THE DESIGNATED AUTHORITY I.E. HONBLE ITA 120 / NAG /20 1 9 _ RITU RAKESH MODH VS PCIT 2 PCIT - I, NAGPUR HAD ISSUED FORM NO. 3 ON 2 ND JANUARY, 2021 AS PER RELEVANT PROVISIONS OF DIRECT TAX VIVAD SE VISHWAS ACT, 2020. THE ASSESSEE HAD SUBMITTED FORM NO. 4 AND FORM NO. 5 IS AWAITED. THUS ASSESSEE REQUEST BEFORE YOUR HONOR TO KINDLY ALLOW ASSESSEE TO WITHDRAW ALL GROUNDS OF APPEAL AND AFORESAID APPEAL FILED. WE HOPE YOUR HONOR WILL BE KIND ENOUGH IN ACCEDING TO OUR AFORESAID REQUEST. PRAYED ACCORDINGLY. THANKING YOU YOURS FAITHFULLY SD/ - ( RITU RAKESH MODH) ASSESSEE 3 . THE LD CIT - DR HAS RAISED NO OBJECTION IF THE APPEAL OF THE AS SESSEE IS ALLOWED TO BE WITHDRAWN. 4 . THEREFORE, IN VIEW OF THE FACT THAT THE ASSESSEE HAS ALREADY APPROACHED THE DEPARTMENT TO SETTLE THE MATTER UNDER VIVAD SE VISHWAS SCHEME, WE PERMIT THE ASSESSEE TO WITHDRAW THIS APPEAL. ACCORDINGLY, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 5 . IN THE RESULT, THIS APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 27TH OCTOBER , 2021. SD/ - SD/ - ( O.P. KANT ) (SANDEEP GOSAIN) ACCOUNTANT MEMBER JUDICIAL MEMBER NAG PUR DATED : - 27 / 10 /202 1 *RANJAN ITA 120 / NAG /20 1 9 _ RITU RAKESH MODH VS PCIT 3 COPY OF THE O RDER FORWARDED TO: 1. THE APPELLANT - RITU RAKESH MODH, NAGPUR . 2. THE RESPONDENT - THE PR.C.I.T. - III, NAGPUR. 3. CIT 4. THE CIT(A) 5. DR, ITAT , NAG PUR 6. GUARD FILE (ITA NO. 120 / NAG /20 1 9 ) BY ORDER, ASST. REGISTRAR